www.s-cape.lu is managed by S-CAPE. These stores and the head office are located at 2, rue Henri M.Schnadt
L-2530 Luxembourg. S-CAPE is registered in the Register of Commerce and Companies, is subject to Luxembourg VAT under IBLC No. LU. S-CAPE owns and operates, inter alia, the commercial site www.s-cape.lu
II. Definitions and coordinates
When used in the context of these Terms and Conditions, the following terms, whether used in the singular or the plural, shall have the following meanings:
Client / Consumer / Purchaser / You: any natural or legal person who acquires or uses the products or services presented by S-CAPE
Professional for purposes other than those of a professional nature : Person not falling within the definition of the Consumer given above and who acquires or uses S-CAPE’s products or services for partially or fully professional purposes.
Seller / We / Our / Nos: S-CAPE
Producer / Manufacturer: supplier of products sold by S-CAPE
Site: refers to our website www.s-cape.lu
General Conditions or General Conditions of Sale, this document
2, rue Henri M.Schnadt
Phone: +352 2618 7063
III.1. These General Terms and Conditions of Sale are the only applicable and replace all other conditions, except prior waiver, express and written. S-CAPE may be required to modify some of the provisions of its Terms and Conditions. It is therefore necessary that they be re-read before each visit and imperatively before each purchase on the Site. These modifications are effective from the time they are posted online and can not be applied to contracts previously concluded. Each purchase on www.s-cape.lu is governed by the General Conditions applicable on the date of the order. They are only applicable to Internet sales made by the Site. We consider that by validating your order, you unreservedly accept our Terms and Conditions of Sale after reading them. By accessing the Site,
III.2. Date of the last update of these General Terms and Conditions of Sale: Wednesday, July 8, 2019.
IV. The formation of the contract
IV.1. In accordance with the provisions of the Civil Code on the conclusion of contracts online, the contract will be concluded when you click on the button allowing you to confirm your order after viewing the details of it and in particular its total price and have had the opportunity correct any errors.
IV.2. In accordance with the provisions of Article 1124 paragraph 1 of the Civil Code specifying that an unemancipated minor is unable to form a contract, the BUYER undertakes, by completing the order form, to be at least 18 years old to the date of sending it.
Once the order is completed, S-CAPE will send a confirmation of order including the price of the goods or services ordered including the related taxes and the price of the possible carriage of the goods and the total amount to be paid by the BUYER as well as the place and time of delivery.
IV.3. The contract is therefore deemed to be concluded at the registered office of S-CAPE, 2, rue Henri M. Schnadt L-2530 Luxembourg.
IV.4. The concluding contract is archived. The contracts concluded on our website (data relating to your order and GTC in force on the date of your order) are archived for a period of 10 years. You can access archived contracts by sending an e-mail to email@example.com or by post to S-CAPE S-CAPE 2, rue Henri M. Schnadt L-2530 Luxembourg.
IV.5. S-CAPE may refuse to honor one or more orders when there is sufficient suspicion of fraud.
IV.6. S-CAPE chose Six Group’s Saferpay system so that no confidential data relating to bank details passes through the Website www.s-cape.lu. (See Article XI.7.2: “Saferpay Secured Transactions”). Saferpay verifies the accuracy of the bank details given by the CLIENT and informs them immediately before any confirmation of the Order of the acceptance or rejection of the transaction. The payment of the Products is therefore made through Saferpay and will appear on the CUSTOMER’s Visa / Mastercard / American Express statement. The CLIENT’s account will be debited when the goods are sent to the CLIENT. Note that at no time S-CAPE is in possession of your credit card number.
IV.7. To place your order, we put at your disposal four means: – by Internet on our site: www.s-cape.lu 24 / 24h and 7 / 7d – by email: firstname.lastname@example.org – by accompanied mail an impression of your order and your method of payment addressed to: S-CAPE Customer Service 2, rue Henri M.Schnadt L-2530 Luxembourg.
IV.9. The language proposed for the conclusion of the contract is French.
V. The proof of the contract
V.1. Without prejudice to the foregoing, the contracting parties agree that the computer records they have made within their respective computer systems under reasonable security conditions shall be admitted as proof of their relationship or the contract between them.
V.2. By application of this contract it is considered that the preservation of computer data takes place under reasonable conditions of security if the documents are systematically recorded in an inalterable and permanent database.
VI. Product Description
S-CAPE takes the utmost care in putting information on the essential characteristics of products online, notably by means of technical descriptions and photographs illustrating the products, within the limit of the technique and in compliance with the highest standards of the product. market. Neither this information nor the accompanying photos fall within the scope of the contract. They are symbolic and likely to be changed.
VII. Price and validity of the offer
VII.1. The price
The prices appearing on the site are denominated in EUROS. They include VAT but do not include delivery charges. S-CAPE reserves the right to change prices at any time. The products will be billed based on the rates in effect at the time of registration of your order. Thus, the prices appearing on the confirmation of order are firm and definitive: if the prices fall a few days after the order, we will not be able under no circumstances to compensate you for the difference; if prices increase, we take the difference and we commit ourselves to deliver the price fixed the day of the order. The final price includes the price of the product (s), the cost of handling, packaging and storage of products and transportation costs.
VII.2. The validity of the offer
Product offers and prices are valid while stocks last.
VIII.1. Place of delivery – Agent
The BUYER must specify in his order where he wants the goods to be delivered. He can either have it delivered to an address of his choice excluding a PO Box, or pick it up at his own expense at our premises whose address is mentioned on the site.
In the event that he chooses to recover the goods himself, no transport costs will be charged. If he chooses to have them delivered to an address he designates, he will have to assume the transportation costs as they will be specified in the order confirmation and according to the tariff on the site of S-CAPE.
In case of absence during delivery, the BUYER will be required to make an appointment with the carrier and the goods.
VIII.2. Delivery time
S-CAPE undertakes to deliver the goods within the time specified on the product sheet.
Delivery time: 24/48 hours for metropolitan France, Luxembourg, Belgium, Switzerland and Germany, between 10 to 12 days for DOMTOM and other countries served: http: //www.s-cape. read / content / 1-delivery
For orders with payment by bank transfer, the delivery time is in focus of the date of receipt (normally 2 working days from the date of execution) of the transfer to our bank account.
The delivery time of products that are not in stock, the delivery time is indicated on the product sheet.
S-CAPE undertakes to warn the BUYER of any delay in delivery beyond his control.
If it exceeds thirty days that initially subscribed by S-CAPE, the BUYER may waive the purchase without compensation for any of the parties. He must notify S-CAPE by e-mail, fax or registered letter within two days of the warning given by S-CAPE.
The goods are transported at the risk of S-CAPE until delivery to the delivery address of the goods specified by the BUYER. From this moment, the BUYER assumes the risks alone. The PURCHASER assumes the risks related to the transportation to S-CAPE of the goods in the context of the application of Article VIII (Right of withdrawal) and within the framework of the application of Articles XIII and XVI (Repair under warranty and out of warranty).
It will always be issued an invoice accompanying the delivery note.
Payment will be made at the last step of the ordering process. Payments will be accepted by:
– VISA, MASTER CARD, AMERICAN EXPRESS card
– bank transfer, to be made payable to:
2, rue Henri M.Schnadt
Bank: BIL Banque Internationale Luxembourg SA
Address: Route d’Esch L-2963 Luxembourg
Account Number (IBAN): LU30 0081 6840 0000 1003
BIC (Swift): BLUXLULL
Holder : S-CAPE
Please note that the merchandise will be reserved from the moment the payment reaches us.
X.2. Refusal of authorization by SIX / CETREL
If the bank or credit institution refuses to authorize payment, S-CAPE may consider the sale as null and void.
Any amount due to S-CAPE bears as soon as it expires and without it being necessary to send a formal notice an interest of 1% per month, all months started being due.
Interest will also be due at the rate specified above in the event of the revocation of any payment.
In this case, the interest will also be calculated from the day after the invoice is issued or the confirmation of the order.
An equivalent interest of 1% per month will also be payable by S-CAPE to its CLIENTS for any amount unpaid by it to its due date as specified in these Terms and Conditions or in the week on account stopped by the CLIENT.
X.4. Penalty clause
In the event of non-payment of an S-CAPE invoice or an account established by the CUSTOMER within eight days of the issue or dispatch, a lump sum compensation equivalent to 15% of the amount due, with a minimum of EUR 75.00 for each unpaid invoice or account stopped, will be owed by the CUSTOMER or by S-CAPE for administrative, collection, legal defense and extrajudicial costs which will be incurred without prejudice to the court-ordered costs. As a result, the minimum allowances specified in this Article will be cumulative per invoice or account stopped and will add up.
X.5. Posting of deadlines
The deadlines specified in this Article are counted by calendar day and not by working day.
X.6. Retention of title
As long as the price is not fully and finally acquitted or if the credit agency delivers one of the account S-CAPE, S-CAPE retain or reinstate the property in goods sold including replacement parts. BUYER must notify the S-CAPE any claim of a third party with regard to its objects, either as part of a seizure, bankruptcy or any action that would tend to dispossess them.
In order to guarantee the security of the transactions and communications made via the www.s-cape.lu Site at the highest level, we opted for a double security: GlobalSign and Saferpay.
X.7.1. Transactions secured by Saferpay / Cetrel (“Electronic Transfer Center”)
Regarding online payments by credit card, whose forms are themselves on pages encrypted in SSL (see previous paragraph), we opted for the service “Saferpayl” which supports your secure payments by credit card on the Internet with POS-Server technology. All the processing of the financial transaction is carried out on the CETREL servers and therefore does not pass through the site www.s-cape.lu. Therefore, S-CAPE can not know or store at any time the numbers of your credit card. However, CETREL checks the validity of your card and informs you of the acceptance or rejection of the transaction. In case of acceptance, the order is validated. In case of refusal (card refused, card data entry error …), the system will take you to the card status page. From this moment, the CLIENT has the possibility to try again with another payment method (eg transfer) or with another credit card. For the sake of security and for the sake of prevention of credit card fraud, this in the interest of the CLIENT and the SELLER, the CLIENT must first empty his basket before he can start again.
XI. Obligation to receive the goods and time limit
XI.1. Deposit of the goods
The CLIENT has the obligation to deliver at his own expense the goods to the headquarters of S-CAPE specified in Article II.
XI.2. Quotation fees
If the repair is the subject of an estimate which is not finally accepted by the CUSTOMER, the CUSTOMER is required to pick up the goods within eight calendar days from the date given to him and will also have to pay at the time of the deposit a sum of 49,00 EUR excluding VAT for expenses of estimate. If the quote is accepted by the customer, the quote fee will be deducted from the total cost of the repair.
XII. Seller’s contractual warranty
All our sold equipment benefits:
o the legal guarantee of conformity,
o the legal guarantee of hidden defects,
o the contractual warranty of the manufacturers, the scope and duration of which differ according to the products.
S-CAPE guarantees the goods and services provided in accordance with the law. The invoice, the delivery note and the guarantee card to the exclusion of any other document (such as proof of payment) must be produced to allow the application of this Article. No guarantee beyond the provisions of these General Conditions can be invoked against it.
The legal warranty regarding compliance and hidden defects will apply in accordance with the law.
To implement the legal warranty of the seller, the CONSUMER must, by any means, denounce the lack of conformity within two years from the delivery of the goods. No prescription can be acquired before the expiry of this period. The CONSUMER is deprived of its warranty action after a period of two years from the denunciation provided for in the preceding paragraph.
After the expiration of two years, the CONSUMER can no longer claim the defect of the property.
If the CUSTOMER makes use of the contractual guarantee, he is obliged to deposit himself, at his expense, the merchandise which is the subject of his guarantee request to the following return address:
2, rue Henri M.Schnadt
XII.4. CONSUMER right
In case of lack of conformity, the CONSUMER has the choice to return the property and to be refunded the price or to keep the property and to be returned a part of the price. There is no reason to cancel the sale or reduce the price if the seller proceeds with the replacement or repair of the goods. The resolution of the sale can not be pronounced if the lack of conformity was minor.
The compliance must take place in the month from the day the CONSUMER has delivered the product for compliance. After this period, the CONSUMER may return the property and be refunded the price or keep the property and get a refund of part of the price.
The compliance takes place without any cost or major inconvenience for the CONSUMER, given the nature of the property and the special use sought by the CONSUMER.
XII.5. Repair time
If, within the framework of the contractual guarantee, a CONSUMER gives S-CAPE a merchandise so that it is repaired, S-CAPE is obliged to deploy all the means so that this repair intervenes within a reasonable time compared to the the importance of the repair, the parts necessary for it, their availability and the clutter of its after-sales service (SAV) or that of its subcontractors or approved suppliers.
No compensation may be claimed from S-CAPE for a delay allegedly excessive, except where
the compensation exceeds 60 calendar days;
o S-CAPE has encountered major force cases;
o the repair is not possible under reasonable conditions.
The CONSUMER is deprived of his warranty action as soon as he entrusts the repair of goods delivered by S-CAPE to a third party or if he himself attempts to repair it; likewise if the goods have been processed, modified, personalized, opened by an unauthorized person, the right to the guarantee will also be refused.
It also does not apply to the repair of damage resulting from a cause external to the device (eg accident, shock, lightning, storm, fluctuation of current , entry of liquid or sand, …), improper transportation or storage, use, installation or connection not in accordance with the manufacturer’s specifications or ‘a use detrimental to the good conservation of the apparatus (having provoked for example an oxidation), a use of a commercial nature (for non-professional products) or a collective use of the use of peripherals, accessories or of unsuitable consumables.
The guarantee does not concern consumable or consumable items, such as batteries, fuses, antennas, headsets, ink cartridges, ….
For microcomputers, the warranty does not apply, in addition, for damages resulting from a program change or data setting, a fault or misuse of software, S-CAPE does not apply may also be held responsible for the loss or destruction of data stored in your device, including software or file of any kind, or damage caused by the use of software acquired by illegal means (copy).
S-CAPE will inform the CLIENT as soon as possible of this state of affairs.
In the context of the present Article XIII, the responsibility of the company S-CAPE with regard to the defectiveness of a device is limited to the repair of this one or its replacement by an equivalent object if the repair proves impossible. Under no circumstances can the direct or indirect consequences of this defect be claimed.
XII.8. Can not fix
In the event of impossibility to repair a goods entrusted for this purpose to S-CAPE, S-CAPE may propose to replace the object by an equivalent object as for its performances without it being possible to take into account a difference of price between the unmortable object and the replacement object.
XIII. Repair out of warranty
XIII.1. Deposit of the goods
The customer has the obligation to deposit at his own expense the goods at the headquarters of S-CAPE specified in Article II.
XIII.2. Quotation fees
If the repair is the subject of an estimate which is not finally accepted by the customer, it is required to come and look for the goods within eight calendar days of the date given to him and will also have to pay at the time of the deposit a sum of 49,00 EUR excluding VAT for expenses of estimate. If the quote is accepted by the customer, the quote fee will be deducted from the total cost of the repair.
XIV. Obligation to withdraw repaired goods
XIV.1. Any goods repaired within the framework of the application of Articles XIII and XIV must be withdrawn by the CUSTOMER within a period of eight calendar days starting on the day of the notice which is given to him to come to recover said merchandise by e-mail, fax or mail.
XIV.2. If the CLIENT fails to come to recover the repaired objects at the latest within a period of six months starting from this notice, it will be presumed to abandon the said goods, the property of which is automatically transferred to S-CAPE. who can, if necessary, destroy it.
XIV.3. Notwithstanding the application of this Article, the CUSTOMER shall remain liable for the amount of the invoice and the interest and indemnities specified in Article XI, as well as handling charges arising therefrom.
XV. General Responsibilities of the BUYER
XV.1. The BUYER is fully responsible for the selection, use and application of the products and / or services delivered by S-CAPE as well as for the protection of data stored or used in connection with them.
XV.2. If the client fails to collect the repaired items at the latest within a period of six months from the date of this notice, it will be presumed to abandon the said goods, the property of which is automatically transferred to S-CAPE who can, if necessary destroy it at the customer’s expense.
XV.3. The BUYER is forbidden to erase all or part or to make invisible the marks and / or signs of recognition made on the products. Otherwise, S-CAPE is unable to take the product back or charge for repair or exchange.
XVI. Copyright and Intellectual Property
XVI.1. At the level of the content of the site www.s-cape.lu
All exploitation rights are reserved for him. The content and name of the Site www.s-cape.lu (including texts, descriptions, software, photographs, illustrations, logos, brands, etc.) are protected by the applicable legislation on intellectual property. Under these conditions, no one may use the content of the Site www.s-cape.lu under any circumstances without the prior written consent of S-CAPE.
All content of the Site www.s-cape.lu remains the property of
2, rue Henri M.Schnadt
XVI.2. At the level of the products sold via the site www.s-cape.lu
XVI.2.1. All intellectual property rights in the products made available to BUYERS by S-CAPE reside with S-CAPE or its suppliers who have authorized it to put the products on sale.
XVI.2.2. Under no circumstances may the BUYER copy a product made available to him, nor reproduce, translate, adapt, disassemble, decompile, imitate, modify, analyze or reconstitute it without the authorization express and written S-CAPE.
XVI.2.3. He can not, of course, counterfeit the goods.
XVI.2.4. It will not be able to make any modification to the software that is sold to it.
XVI.2.5. It will only be able to make one copy of software for back-up purposes only for internal use on a single specific automated central processing unit (CPU).
XVI.2.6. During his conservative copying, the BUYER must copy the copyright notices on the originals and make them part of them.
XVI.2.7. Under no circumstances will it be able to dispense them and will be responsible for their possible fraudulent use by a third party whatever the cause.
XVII. Transfer of contract
XVII.1. S-CAPE may assign to third parties all of its rights under any contract with its clients. The assignment concerns both its rights and its obligations on the sole condition that it informs the customer of this situation.
XVII.2. However, the customer can not in any case assign his rights to the obligations to a third party without the prior written consent of S-CAPE.
XVIII. Salvator Clause
XIX. Applicable legislation and competent courts
XIV.1. For any dispute, Luxembourg law is applicable
XIX.2. The CONSUMER is informed that only the Courts of Luxembourg are competent to hear any disputes relating to the use, interpretation and execution of the information and data contained on the site.
XIX.3. In case of dispute, the CONSUMER will first contact S-CAPE for an amicable solution.